Claim of Right for Scotland

Debate between Deidre Brock and Michael Gove

Tuesday 6th September 2016 Westminster Hall

[Deidre Brock (Edinburgh North and Leith) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Bone.

I wanted to start with a sentence about respect, but I am sad to say that I have heard precious little respect today, from the Members who have spoken, towards Scotland or its elected representatives. I am very sorry about that. There has been a lot of mention of the independence referendum, and I have wondered about the promises made by the people who galloped up over the border in the closing weeks before the referendum. There has been a lot of talk about grievance and gripe, but I wonder what Members make of the many people in Scotland—not simply the SNP, although that makes up a considerable part of the population—who are annoyed and upset about the promises made to them in the run-up to the independence referendum. They included the protection of jobs at Her Majesty’s Revenue and Customs; staying in the EU, as I mentioned earlier; the protection of shipbuilding jobs; and a vow that falls far short of what is commonly meant by home rule. Those promises were sold to the people of Scotland, and I urge Members to bear that in mind when they are addressing SNP Members.

[Michael Gove]

Will the hon. Lady enlighten us as to the view of Lord Smith of Kelvin, the keeper of the vow, about the decision of the Westminster Parliament to honour it? Did he agree that it had been honoured?

[Deidre Brock]

There were certainly members of the commission who were unhappy. None of the SNP amendments to the Scotland Bill were accepted for consideration until it went through to the unelected House of Lords, which is laughable.

To get back to the issue of respect, politicians, monarchs and bureaucrats need to understand and accept that powers lie with the people we serve, not with us. It is about knowing that the colossus that bestrides the world stage is people power and that those who lead are servants of the people, not masters. That is what the Claim of Right is. It is a declaration that the people are sovereign, as has been mentioned, and that it is in their gift to decide how that sovereignty should be used. Governments and Parliaments rule only with the consent of the people, and they exist only because the people allow them to. That is a reality that politicians forget at their peril.

It is important to note a clear difference between the attitudes struck towards Parliament in Scotland and in England. I understand that that point of difference is also noted in the legal concept of sovereignty in each nation. In England there is a belief in, tradition of, and historical precedent for the absolute sovereignty of Parliament, but there is no such belief in Scotland. The Scots’ attitude, and our constitutional law—which perhaps my learned friends will confirm—is that sovereignty rests with the people. That principle is embedded in the 1320 declaration of Arbroath, in which the King and future kings were warned that if they displeased the people, the people would elect another king—more like a president than a king, I suppose. That principle is embedded in the Claim of Right.

It is not quite right to say that no Conservative has ever acknowledged that principle, because it was acknowledged by the current Chair of the Select Committee on Public Administration and Constitutional Affairs, the hon. Member for Harwich and North Essex (Mr Jenkin), when he said in a debate in the House on 22 May 1997:

“The ultimate sovereignty of the Scottish and Welsh peoples is a fact. Whatever the niceties of international law, Scotland and Wales can claim the right of self-determination if that is what they want”.—[Official Report, 22 May 1997; Vol. 294, c. 872.]

It took a bit of time from the publication of the Claim of Right to the interim solution—the creation of a devolved Administration—but 10 years is nothing in the great scheme of things, and in the march of nations it is but a blink of an eye. I have to say, though, that the Conservatives have a lot to thank the Claim of Right and Scottish devolution for—they saved their party. In fact, the current Scottish Secretary owes his political career to the Scottish Parliament. There had been few opportunities for Tory politicians in Scotland, even those who had previously been Social Democratic party councillors. The proportional representational element of the Scottish electoral system revived a party that was frankly dying, and which had ironically opposed its creation in the first place. Democracy, properly energised, gives some strange, interesting and unexpected results.

The Claim of Right was democracy in action. It emerged from civic Scotland, the Churches, the trade unions, small business and organisations the length and breadth of the country as a demand to address the democratic deficit that arose from being governed by a Government who could not command support in Scotland. It is interesting to note that John Major’s Government had 14% of the Members representing Scottish seats while the current Government have a bit less than 2%, so there is work still to be done in removing that democratic deficit from Scotland and rendering those of us who are Scots MPs redundant.